Anjan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13872 of 2016 Arising Out of PS.Case No. -51 Year- 2012 Thana -SISWAN District- SIWAN ======================================================

1. Anjan Tiwari Son of Bhirgurasan Tiwari, Resident of Village - Suwahi, Police Station - Siswan, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. U.L. Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with a case registered for the offences punishable under Sections 302/201/394 of the Indian Penal Code.

It is submitted on behalf of the petitioner that though he is not named in the First Information Report and no material has surfaced during the investigation yet after a long period of 3 1⁄2 years, the petitioner's name has come in the confessional statement made by an accused before the Police stating that the present petitioner was seen moving around with the veteran criminal Ragho Yadav who is said to be involved in the present case. He further submits that save and except the aforesaid statement, there is no further material in the case diary. Learned Additional Public Prosecutor appearing on behalf of the State submits that it is only this fact which has come during investigation in the case diary.

Patna High Court Cr.Misc. No.13872 of 2016 (5) dt.31-05-2016 P2/2 Having considered the facts and circumstances of the case and that the petitioner is in custody since 22.01.2016 and also the fact that he has got no criminal antecedent, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siswan P.S. Case No. 51/2012.

(Anjana Mishra, J) Saif/- U T